City responds to North Miami Beach Mayor Anthony DeFillipo in counter claim

MIAMI - On Friday night, CBS4 obtained documents of the city of North Miami Beach's response to the mayor's lawsuit against it.

The city seeks to dismiss Mayor Anthony DeFillipo's complaint to alter charter by-laws to allow the city commission meeting to hold a quorum with four commissioners. Current city rules require at least five present commissioners to conduct official business.  

The city also filed a counterclaim against DeFillipo.  In part, it asks the court for an "injunction prohibiting DeFillipo from representing, saying, or implying that he is the City's active, sitting mayor and attempting to, purporting to, or actually exercising any of the rights, obligations, or authority that is reserved for the holder of the office of City's active, sitting mayor."  

In the filings, the city presents evidence challenging the mayor's primary residency in North Miami Beach.  The city charter says elected officials must "always be and remain bona fide residents" of North Miami Beach.  If not, it calls for automatically vacating of the seat.

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The lawsuit alleges DeFillipo does not have a primary residence in North Miami Beach but in Davie instead.

The hearing is scheduled for January 31st, 2023.